Personal Injury

Georgia Supreme Court Dismisses Malpractice Lawsuit Against ER Supervisor

December 7, 2013 | Benjamin S. Persons, IV

Is an emergency room supervisor responsible for the malpractice of medical staff under his supervision? The Georgia Supreme Court recently looked at such a case and answered “no.” The justices unanimously reversed a Court of Appeals decision that would have allowed a woman to pursue a professional negligence case against a physician she claimed was partly responsible for her mother’s death.

Herrington v. Gaulden

In October 2008, 64-year-old Deloris Gaulden was admitted to Liberty Regional Medical Center in Hinesville. Gaulden had fainted while attending church and complained of tightness in her chest. Despite these symptoms, emergency department personnel did not perform certain routine procedures–i.e., giving Gaulden aspiring or running an EKG–until about an hour after her admittance. Approximately 90 minutes after her arrival, Gaulden suffered cardiac and respiratory arrest and died.

Georgia Supreme Court Holds Police Officer Not Responsible for Causing Interstate Traffic Accident

November 29, 2013 | Benjamin S. Persons, IV

Although it’s commonly said that police “protect and serve,” a local government is not necessarily liable when its sworn officers fail to protect the general public from harm. In a 1993 decision, the Georgia Supreme Court adopted what became known as a “public duty doctrine.” This doctrine holds that a municipality can only be liable for nonfeasance–a police officer’s failure to act–if there’s a “special relationship” between the individual alleging negligence and the local government. As defined by the Georgia Supreme Court, this means the police must give the person “an explicit assurance” of protection or assistance that the person then relies upon to his or her detriment.

Stevenson v. City of Doraville

Recently, the Supreme Court considered the application of the public duty doctrine to a negligence lawsuit arising from a multi-car traffic accident in DeKalb County. During a rainstorm one evening, a driver on Interstate 285 experienced car trouble. The driver was in the lane nearest the median. He attempted to cross six lanes and bring his car onto the shoulder, but the car stalled in the middle of the road.

Georgia Appeals Court Affirms No Award of Attorney Fees in Tractor Accident Lawsuit

November 23, 2013 | Benjamin S. Persons, IV

Under Georgia law, the winning party in a personal injury (or any other civil) lawsuit is usually not entitled to recover attorney fees or costs in connection with the litigation. As the Georgia Supreme Court noted in a 1941 decision, “Where there is a bona fide controversy for the tribunals to settle, and the parties can not adjust it amicably, there should be no burdening of one with the counsel fees of the other, unless there has been wanton or excessive indulgence in litigation.” The Georgia legislature may make exceptions to this rule, however, and one such example was the subject of a recent Georgia Court of Appeals decision.

Horton v. Dennis

This case began with a 2008 accident in Telfair County. A tractor trailer crossing Highway 31 near McRae crashed into a truck. The truck driver suffered serious injuries, including a mild traumatic brain injury and permanent erectile dysfunction.

Georgia Appeals Court Upholds $2.6M Award In “Slip and Fall” Case

November 16, 2013 | Benjamin S. Persons, IV

The Georgia Court of Appeals recently upheld an award of over $2.6 million to a Fayetteville woman who suffered personal injuries while shopping at a local grocery store. By a 6-1 vote, the appeals judges rejected the store’s claim it lacked “actual or constructive knowledge” of the hazard that caused the woman’s injuries. The court also upheld a $150,000 award to the woman’s husband for “loss of consortium.”

The Georgia Supreme Court has said that in any “slip and fall” case against a property owner, the plaintiff must prove two things: First, that the owner had actual or constructive knowledge of a hazard; and second, that the plaintiff lacked knowledge of the hazard despite “exercising ordinary care” for her own safety.

The Kroger Company v. Schoenhoff

Federal Judge Decimates Product Liability Case Over Unqualified Expert Testimony

November 2, 2013 | Benjamin S. Persons, IV

Expert testimony is often the key to winning a product liability case. If an expert witness proves inadequate, the plaintiff’s case may not survive long enough to get in front of a jury. To give a recent example, a federal judge in Savannah gutted most of a plaintiff’s case on summary judgment after determining his expert witness was unqualified and unreliable.

Grieco v. Tecumesh Products Company

The plaintiff worked as a repairman. In 2010, while making repairs to the compressor of a walk-in refrigerator, the compressor caught fire, burning the repairman’s hair, shoulder and arms. He subsequently sued the manufacturer of the compressor, alleging numerous product liability and breach of warranty claims. (Although the plaintiff’s claims are governed by Georgia state law, his case is being tried in federal court, as the manufacturer is an out-of-state corporation.)

Federal Appeals Court Upholds Application of Georgia Law In Accident Case

October 10, 2013 | Benjamin S. Persons, IV

Personal injury cases are usually tried in state courts under state law. But when the plaintiff and defendant are citizens of different states–say, an individual plaintiff living in Georgia sues a company based in Florida–then the case may be removed to a federal court. The federal court must still decide the case based on state law. But federal rules govern procedural questions like the admission of evidence. This can sometimes lead to confusion, as the Eleventh Circuit U.S. Court of Appeals in Atlanta recently found.

Cooper v. Marten Transport, Ltd.

In 2010, a husband and wife suffered serious back injuries after a tractor trailer collided with their car in Georgia. The couple sued the other driver and the company that owned the tractor trailer. As the defendants were not Georgia residents, they had the case removed from state to federal court.

Georgia Supreme Court Allows Train Conductor to Sue Railroad Over Lack of Safety Training

October 4, 2013 | Benjamin S. Persons, IV

Grade-crossing collisions–accidents where trains hit vehicles–are a surprisingly common occurrence in the U.S. railroad industry. Norfolk Southern, one of the largest railroads on the east coast, reported approximately 2,500 grade-crossing collisions over a four-year period–more than one accident per day. Railroad employees are frequently injured in these collisions, and unlike automobile-only accidents, their ability to recover damages may depend on federal, rather than state, law.

The Georgia Supreme Court recently addressed one such case. The plaintiff was a Norfolk Southern conductor. In 2007, the conductor’s train hit a logging truck in Dodge County. The conductor suffered severe back injuries and has not returned to work for the past six years.

The conductor sued Norfolk Southern alleging negligence. He claimed the company failed to train him properly “on how to protect himself in the event of a grade-crossing collision.” The conductor produced three experts, including a former Norfolk Southern trainmaster, who offered evidence tying the conductor’s injuries to a lack of proper training.

Appeals Court Upholds $1.36 Million Award to Georgia Tech Student Injured on “Ramblin’ Wreck”

September 28, 2013 | Benjamin S. Persons, IV

The “Ramblin’ Wreck” is well known to students and football fans at Georgia Tech. Since 1961, the Wreck–an authentic 1930 Ford Model A–has led the Tech football team into home games at Bobby Dodd Stadium in Atlanta. The Wreck is owned by the university but supervised by a student group called the “Ramblin’ Wreck Club.” The club elects a driver annually who is then responsible for the Wreck’s day-to-day operation and maintenance.

In 2007, about three months before the start of the football season, the Wreck’s driver was transporting the vehicle via trailer to a non-university event in Savannah. The accident severely damaged the Wreck. Several companies volunteered their services to repair the Wreck in time for the season, including Eco-Clean, Inc., which refurbished the car’s interior and roof.

Two years later, the Wreck’s driver and three other club members took the car from its garage to a nearby fraternity house. During the return trip, one member “stood on the passenger side running board, grasping an interior handle with one hand and an exterior handle with the other,” which was a standard position taken by club members when riding the vehicle. Unfortunately, one of the handles broke off, throwing the student from the vehicle. He suffered significant head injuries and permanently lost his sense of taste and smell as well as partial hearing.

Bowling Alley “Slip and Fall” Case Fails to Survive Summary Judgment

September 27, 2013 | Benjamin S. Persons, IV

In a personal injury lawsuit, it’s critical to establish all of your facts before proceeding to court. It’s not enough to simply accuse someone of causing you an injury. There must be sufficient facts alleged to connect the injury to some action–or inaction–by the defendant. If a plaintiff can’t present such facts, the trial court will grant summary judgment to the defendant.

A recent decision by the Georgia Court of Appeals, Taylor v. Thunderbird Lanes, LLC, provides a useful example. In this case, the plaintiff was a woman who went to a local bowling alley with her son and daughter-in-law. The plaintiff was an experienced bowler who had patronized the alley before.

Bowling alleys commonly treat their lanes with oil in order to aid ball movement. Typically, such oil is used beyond the “foul line” behind which the bowler is expected to release his or her ball. There should be no oil or other obstruction in the area approaching the foul line.

Georgia Appeals Court Holds Restaurant Not Responsible for Parking Lot Stabbing

September 5, 2013 | Benjamin S. Persons, IV

Is a restaurant liable when a customer is stabbed on its property? The Georgia Court of Appeals recently addressed this question and answered with a resounding “no.” A three-judge panel upheld a trial court’s decision awarding summary judgment to the restaurant.

The incident took place back in 2010. The victim was having dinner with his girlfriend and her family at a Mexican restaurant in Paulding County. At a nearby table, another customer–who had “consumed an unknown quantity of alcoholic beverages,” according to court records–began verbally harassing the group. The restaurant manager agreed to move the victim’s party to another table, but he declined to eject the drunken customer and, in fact, continued to serve him alcohol.

The customer continued to harass the victim’s group, at one point threatening a toddler. At this point, the restaurant manager asked the customer to leave. The manager later testified he was “a little afraid” of the customer but did not consider him an immediate threat to anyone in the restaurant.